Part 1: The Workers' Compensation Process
- How do I know if I Have a Workers' Compensation Claim?
- How Do I File a Workers' Compensation Claim?
- Is There a Time Limit for Filing My Claim?
- What Benefits Am I Entitled To?
- Independent Medical Examinations
- The Hearing Process
- After the Hearing – Decisions, Payments and Appeals
- Finalization of a Workers' Compensation Claim
- Attorneys' Fees
Part 2: Special Issues In Workers' Compensation
WORKERS' COMPENSATION DEATH CLAIMS
There are two types of Workers' Compensation death claims. The first type occurs when a person dies while performing his or her work duties. The second occurs when a person dies as a result of his or her work injury, even if the death is many years after the original accident took place, or disease developed. A death claim requires a different set of forms from those discussed on page 4, but the same type of information is necessary. A survivor claiming death benefits must submit a doctor's report indicating the cause of death and how the cause of death relates to the decedent's employment.
Death benefits are payable, in the first instance, to the surviving spouse. If the surviving spouse re-marries, two years of benefits will be paid in a lump sum and then no further benefits will be payable. If there are both a surviving spouse and dependent children both the spouse and children receive benefits. If there are children, but no surviving spouse, benefits are paid directly to the children. Please note that only "dependent" children are eligible for benefits. The Workers' Compensation Law deems children under 18, and children under 23 who are full-time students, to be dependent. If there is not a surviving spouse, and no children, benefits are paid to the parents, grandparents, grandchildren, siblings, or estate depending on individual circumstances.